COOPERATIVE AGREEMENT PROVIDING FOR CROSS-DEPUTIZATION 

OF LAW ENFORCEMENT OFFICERS OF THE ASSINIBOINE AND SIOUX 

TRIBES OF THE FORT PECK RESERVATION, THE CITY OF WOLF POINT, 

THE CITY OF POPLAR, THE MONTANA HIGHWAY PATROL, 

AND ROOSEVELT COUNTY 

Recitals 

This Agreement is made by and between the Assiniboine and Sioux Tribes of the Fort 

Peck Reservation (the Tribes), the City ofWolfPoint (Wolf Point), the City ofPoplar (Poplar), 

Roosevelt County (the County), and the State of Montana, Department of Justice, Highway 

Patrol, and the Secretary of the Interior of the United States. 

Whereas, the Montana Department of Justice, Highway Patrol, the cities of Poplar and 

Wolf Point, and Roosevelt County are authorized by the State-Tribal Cooperative Agreements 

Act, Mont. Code Ann.§§ 18-11-101 to -112, to enter into cooperative agreements with tribal 

governments to perform any service authorized by law, including cooperative Jaw enforcement 

agreements, and 

Whereas, the Tribes are authorized by article VII, section 1 of the Constitution and the 

·' Bylaws of the Assiniboine and Sioux Tribes of the Fort Peck Reservation to negotiate 

agreements with state and local governments on all activities which may affect the Tribes, 

including cooperative law enforcement agreements, and have by Tribal Resolution Number 

tsd-m -2, approved this Agreement, and 

Whereas, the Indian Law Enforcement Reform Act, 25 U.S.C., §§ 2801 to 02804, 

provides the Secretary ofthe Interior with authority to enter into and approve such cooperative 

law enforcement agreements, and 

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Whereas, the parties to this Agreement desire to provide the most efficient law 

enforcement and police protection to the residents ofMontana and ofthe Fort Peck Reservation, 

and 

Whereas, the Tribes have contracted with the United States to provide law enforcement 

services on the reservation pursuant to 25 U.S.C. § 450-450n, and 

Whereas, the parties wish to establish a mechanism whereby citation and arrest authority 

of the Tribes over Indians on the reservation is extended to commissioned law enforcement 

officials of the State of Montana, Roosevelt County, Poplar and Wolf Point, and citation and 

arrest authority of the State of Montana Highway Patrol, Roosevelt County, Poplar, and Wolf 

Point over non-Indians on the Reservation is extended to commissioned officers ofthe Tribes, 

Now, therefore, the parties agree to enter into this Agreement for the purposes of 

enhancing law enforcement services to all residents of the Reservation, cities and counties 

involved and ofmaking the best use ofscarce rural law enforcement services for the benefit of 

all Reservation residents. 

I. Definitions 

1. "Applicant Agency" means the agency requesting a commission for one of its officers 

as a commissioned law enforcement officer. 

2. "BIA" means the United States Department ofthe Interior, Bureau of Indian Affairs. 

3. "Commissioned Law Enforcement Officer" means any officer of an applicant agency 

who has been commissioned to enforce the laws of the commissioning agency as 

specified herein or in the officer's commission. 

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4. "Commissioning Agency" means the agency conferring a commission upon a Jaw 

enforcement officer of an applicant agency. 

5. "Indian" means any person who would be deemed an Indian as the term is used in 18 

u.s.c. § 1153. 

6. "Local jurisdictions" means the local political subdivisions ofthe State ofMontana who 

are parties hereto, i.e., the cities of Poplar and Wolf Point, and Roosevelt County. 

7. " MBCC" means the Montana Board of Crime Control. See Mont. Code Ann. § 44-4-

301 (1999). 

8. "MLEA" means the Montana Law Enforcement Academy. 

9. "Montana Highway Patrol," "MHP" or "State" means the Highway Patrol Division ofthe 

Montana Department of Justice, State ofMontana. 

10. "POST" means Peace Officers Standards and Training. 

11. "Reservation" means the Fort Peck Indian Reservation as established in the Agreement 

of December 28 and December 31, 1886, and confirmed by the Act of May 1, 1888, 25 

Stat.113. 

12. "The Tribes" means the Assiniboine and Sioux Tribes of the Fort Peck Indian 

Reservation. 

13. "Tribal Code" means the Comprehensive Code of Justice of the Assiniboine and Sioux 

Tribes of the Fort Peck Reservation. 

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II. Purpose 

I. The parties, having conferred together on a government-to-government basis, agree that 

pursuant to the terms of this Agreement, certain officers of the local jurisdictions and 

MHP will be appointed as commissioned law enforcement officers ofthe Tribes and that 

certain officers ofthe Tribes will be appointed as commissioned Jaw enforcement officers 

of the local jurisdictions and MHP, and, further, that they will establish herein a 

procedure for continued recurrent commissioning ofnew officers. 

2. It is the parties' intent that this Agreement serve over a long term to establish a good 

working relationship among all the parties to encourage and promote cooperative law 

enforcement among all the jurisdictions and enhance the delivery of effective Jaw 

enforcement services to the residents of the Fort Peck Reservation. This Agreement is 

entered into in furtherance of the purposes of the Montana State Tribal Cooperative 

Agreements Act, the Indian Law Enforcement Reform Act, and the Indian Self 

Determination and Education Assistance Act. Nothing herein alters or conveys any 

judicial jurisdiction, including the authority to issue warrants for arrest or search and 

seizure, or to issue service of process. 

III. Negative Declaration 

I. This Agreement does not reflect, in this or any context, any party's position with respect to 

the jurisdictional authority of another. Nothing in this Agreement, or in any conduct 

undertaken pursuant to this Agreement, shall be construed as enlarging or diminishing the 

jurisdictional authority of either party except to the extent necessary to implement and 

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effectuate the terms of this Agreement. Nothing herein affects any extant statutory or 

tribal code provisions regarding the sovereign immunity of the parties. Neither this 

Agreement nor the activities of the parties pursuant to this Agreement shall be used to 

affect the legal or equitable position of any party in any pending or future litigation. 

Nothing in this Agreement shall be construed to impact or impair the extradition authority 

and processes of the parties. 

2. Nothing in this Agreement shall be construed as waiving the sovereign immunity of the 

local jurisdictions and MHP or their employees from suit in Tribal or federal court. Their 

liability for suit in state court is detemrined by existing state Jaw and is not altered by this 

Agreement. Nothing in this Agreement waives the sovereign immunity of the Tribes or 

Tribal employees in state, federal or tribal court. 

IV. Commissions 

1. Qualifications for Commissions 

A. Any officer of the Tribes who is commissioned as a law enforcement officer of any 

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of the Local jurisdictions and MHP must satisfy the qualifications for peace officers 

set forth in Mont. Code Ann. § 7-32-303, within one year of the date of 

commissioning. These qualifications are described in Attachment A, hereto. 

Successful completion of a federal law enforcement academy course is deemed 

equivalent to the Montana Law Enforcement Basic Course. Within one year of 

being commissioned hereunder, all officers must take and pass the Montana 

equivalency test. 

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B. Any officer of any of the Local jurisdictions and MHP who is commissioned as a 

law enforcement officer of the Tribes must meet the qualifications for Reservation 

police set forth in Title XII, Section 205 of the Tribal Code and in the Law 

Enforcement Handbook, United States Department of the Interior, Bureau of Indian 

Affairs, Vol. 1, Sect. 4 (June I, 1997), Attachment B, hereto. All officers ofthe 

State commissioned as law enforcement officers ofthe Tribes must also complete a 

"Criminal Jurisdiction in Indian Country" training course within one year of 

commissioning. 

C. In recognition of the rich and distinct cultural backgrounds ofthe Indian members 

of the community and the law enforcement profession, all commissioned law 

enforcement officers must also complete, in addition to any cultural sensitivity 

training included in MLEA or BIA courses, one day of cultural diversity training. 

D. All parties agree to notify each other oflocal in-service training courses to be 

offered to their officers and to offer such training to the office.rs of any other party. 

2. Commissionin~ Procedures 

A. The Local jurisdictions and MHP may nominate qualified officers to be considered 

by the Tribes' commissioning agency for appointment as commissioned law 

enforcement officers of the Tribes. The Tribes may nominate qualified officers to 

be considered by the appropriate Local jurisdictions and MHP commissioning 

agencies for appointment as commissioned law enforcement officers ofthe Local 

jurisdictions and MHP. Unless specifically limited by its own terms, each 

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commission shall confer the same law enforcement authority on the commissioned 

officer as that of the officers of the commissioning agency. It is the intent of the 

parties to this Agreement that all such commissioned law enforcement officers shall 

be treated as federal employees in accordance with the Indian Law Enforcement 

Reform Act, 25 U.S.C. § 2804, and with the Federal Tort Claims Act, 28 U.S.C. 

§§ 2401, 2671-2680, when performing duties under their commissions. 

B. Commission applications should be sent to the appropriate law enforcement 

agencies and records of all commissions and decommissions must be also sent to 

the MBCC, BIA, and to the Tribes' Department of Law and Justice for record 

maintenance. When seeking a commission from a state party, the Tribes must send 

the written application for commission and the required accompanying 

documentation to: Roosevelt County Sheriff's Office, 400 Second Avenue South, 

WolfPoint, MT. 59201-1600, which shall forward the application and materials to 

the appropriate state party, and who must send a copy to the Billings BIA District 

·' 

Five Commander. The local jurisdictions and MHP, when applying for a 

commission from the Tribes, must send the written application for commission and 

the required accompanying documentation to: Department of Law and Justice, P.O. 

Box 1027, Poplar, Montana 59255, and must send a copy to the Billings BIA 

District Five Commander. Each party, upon issuing a commission for one ofits 

officers and/or upon receiving a commission for one of its officers, must notify Mr. 

Jim Oberhofer, Post council, MBCC, or his successor, Mr. Calvin Red Thunder, 

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Public Safety Director, or his successor, and the Bi)lings BIA District Five 

Commander, Ed Naranjo, or his successor. 

C. Upon receiving nominations, the commissioning agency may conduct interviews 

and review the nominees' training qualifications. The commissioning agency may 

thereafter appoint such commissioned Jaw enforcement officers as it deems proper. 

The parties agree that the standards contained in Mont. Code Ann. § 7-32-303 and 

in the Law Enforcement Handbook, United States Department ofthe Interior, 

Bureau of Indian Affairs, Vol. I, Chapter 2, Sect. 4, provide the appropriate 

minimum standards for the issuance of commissions. Each commissioning agency 

must provide to the commissioned law enforcement officers identification cards 

containing the information indicated in section VI, paragraph 1 of this Agreement. 

3. Arrest and Investigative Authority 

A. Commissioned law enforcement officers commissioned by the Tribes, when acting 

within the Reservation, shall have the same authority to arrest -Indians for violations .., 

of Titles III and IX ofthe Tribal code and shall have the same authority to issue 

citations and/or summonses and to accept bond as officers ofthe Tribes. Upon 

arresting any Indian as authorized by this Agreement, such law enforcement officers 

must promptly deliver the individual to the Tribal detention facility for further 

processing pursuant to Tribal laws. Each officer making such an arrest must inform 

the arrestee ofhis or her commission from the Tribes for the purpose of enforcing 

Tribal law. 

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B. Commissioned Jaw enforcement officers commissioned by Roosevelt County, when 

acting within the Reservation and within the County, shall have the same authority 

to arrest or cite non-Indians for violations of state and county Jaws as officers of the 

Roosevelt County Sheriff Department. When acting under the commission ofthe 

Montana State Highway Patrol, commissioned law enforcement officers shall have 

the same authority as officers of the Highway Patrol to arrest and cite non-Indians 

for traffic offenses and other violations of law occurring on the public roadways of 

the State in the areas of the Reservation. When acting under commission of either 

of the city parties within the boundaries of the commissioning cities, commissioned 

law enforcement officers shall have the same authority as the city law enforcement 

officers to arrest and cite non-Indians for violations of state, county, municipal laws 

and ordinances. Commissioned law enforcement officers shall have the same 

authority to issue citations and/or summonses and to accept bond as officers of the 

commissioning agency. 

C. Upon arresting any non-Indian as authorized herein, commissioned law 

enforcement officers commissioned by the local jurisdictions and MHP must 

promptly deliver the individual to the appropriate state or municipal detention 

facility, appropriate state or municipal law enforcement officer, or to the 

appropriate state or municipal court for further processing under state or municipal 

law. Each commissioned law enforcement officer making such an arrest must 

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inform the arrestee of his or her commission for the purpose of enforcing state or 

municipal law. 

D. The parties to this Agreement recognize that the applicability of federal and tribal 

criminal laws in Indian country may depend on whether either the suspect or the 

victim is Indian. The parties further recognize that state criminal laws do not apply 

to Indians in Indian Country. The parties further recognize that tribal criminal Jaws 

do not apply to non-Indians. The parties agree that nothing in this Agreement 

makes any Jaw applicable to persons or conduct where it would not otherwise be 

applicable under tribal, federal, state or municipal law. Nothing herein affects 

state, federal, or tribal codes or statutes. 

E. Ariy party hereto may request investigative assistance from an officer commissioned 

by that party. Such assistance shall be rendered to the extent possible so long as it 

does not interfere with the commissioned officer's normal workload, is in response 

to a specific request by an officer of the commissioning agency, or is related to an 

·" 

arrest carried out by the commissioned officer. 

4. Forms 

When acting under the authority of a commissioning agency, commissioned law 

enforcement officers shall issue citations or other legal process on their own forms, which 

shall clearly be marked as those of the agency for whom the commissioned officer is an 

employee. Thus, a state party's officer acting under commission from the Tribes, shall 

issue citations (notices to appear and complaint) on forms provided by the appropriate 

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state party. When a Tribal officer acting as a commissioned law enforcement officer of 

the local jurisdictions and/or MHP issues a citation to a non-Indian, that citation shall be 

issued on a Tribal form. All other legal forms or other legal process tools necessary for the 

commissioned law enforcement officers to carry out their duties shall be provided by the 

commissioning agencies. That is, for example, a Tribal officer acting under a commission 

from Roosevelt County in arresting a non-Indian for driving while impaired, shall issue the 

initial citation/summons on a Tribal form. All subsequent paperwork processing that 

arrest shall be from Roosevelt County. 

V. Territorial Limitation 

The authority conferred by this Agreement and the processes outlined herein shall be 

exercised only within the exterior boundaries ofthe Fort Peck Indian Reservation. A 

commissioned law enforcement officer may proceed in hot pursuit of an alleged offender 

across the exterior boundaries ofthe Reservation and has such authority to arrest and hold 

in custody an alleged offender as the officer would have had ifthe alleged offender had 

been apprehended at the location where the alleged offense was committed. Further, this 

Agreement is not intended to impair or restrict the ability of any commissioned law 

enforcement officer to respond to mutual aid requests from other jurisdictions in 

accordance with Montana law. 

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VI. Status of Commissioned Law Enforcement Officers 

1. Identification 

All commissioning agencies shall issue identification cards, and may issue insignia to 

officers commissioned pursuant to this Agreement. All commissioned law enforcement 

officers must wear their insignia, if issued, and carry the identification cards with them at 

all times while acting under the authority ofthe commissioning agency. The identification 

cards must bear signatures or other insignia to identify each of the commissioning agencies 

for which the commissioned law enforcement officer is authorized to act. Commissioned 

law enforcement officers must immediately display these identification cards to individuals 

upon request. The identification cards must include the following identification data: 

name and recent photograph of the holder ofthe ·commission; the date of birth; height; 

weight; eye and hair color; and social security number. All identification cards must be 

signed by the holder of the commission and the authorized representative(s) of the 

commissioning agency(ies ). 

2. Compensation, Expenses and Employment Relationship 

Each applicant agency shall remain solely responsible for the ordinary and extraordinary 

expenses of its officers while the officers are performing functions as commissioned law 

enforcement officers on behalf of commissioning agencies. Commissioned law 

enforcement officers remain employees oftheir applicant agencies and are subject to all 

rights, responsibilities, and standard chain of command as employees of their applicant 

agencies. This agreement does not affect the internal chains of command ofthe parties. 

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No independent contractor relationship or employment relationship is formed as a result of 

this Agreement between commissioned law enforcement officers and commissioning 

agencies. However, all such commissioned Jaw enforcement officers shall be treated as 

federal employees, in accordance with the Indian Law Enforcement Reform Act, 25 

U.S.C. § 2804, the Federal Tort Claims Act, 28 U.S.C. §§ 2401, 2671-2680, and to the 

extent applicable, the Indian Self Determination and Education Assistance Act, 25 U.S. C. 

§ § 450-450n, when performing duties under their commissions. 

3. Liability and Insurance 

A. The BIA agrees that all commissioned law enforcement officers shall be treated as 

federal employees, in accordance with the Indian Law Enforcement Reform Act, 25 

U.S.C. § 2804, the Federal Tort Claims Act, 28 U.S.C. §§ 2401, 2671-2680, and 

other applicable federal laws, when performing duties under their commissions. 

The Tribes assume no liability and will not defend or indemnify for claims arising 

from the actions of any ofthe local jurisdictions or their officers, or MHP or its 

·' 

officers commissioned by them pursuant to this Agreement. The local jurisdictions 

and/or MHP assume no liability and will not defend or indemnify for claims arising 

from the actions of the Tribes or any Tribal officers commissioned by them 

pursuant to this Agreement. Each party shall remain solely responsible for the 

ordinary expenses ofits employees and its property, including insurance, 

throughout the term of this Agreement. 

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B. Except as provided by the Indian Law Enforcement Reform Act, 25 U .S.C. § 2804, 

the Federal Tort Claims Act, 28 U.S.C. §§ 2401, 2671-2680, and to the extent 

applicable, the Indian SeifDetermination and Education Assistance Act, 25 U.S. C. 

§ § 450-450n, nothing in this Agreement is intended to alter the parties' insurance 

obligations toward their employees or others. 

C. To the extent this Agreement does not apply, that is for mutual aid requests among 

the local jurisdictions and MHP, requests for mutual aid shall be governed by 

Mont. Code Ann., title 44, chapter 11, parts I to 3. 

VII. Suspension and Termination of Commission 

1. Automatic Suspension or Termination of Commission 

A. Each party to this Agreement shall promptly notify the appropriate commissioning 

agency(ies), MBCC, and the BIA District Five Commander in the event that any of 

its officers serving as a commissioned law enforcement officer is suspended, 

terminated, or resigns from official duties. 

B. All such suspended, terminated or resigned officers shall automatically and 

immediately be relieved, without further action, of their official capacity to exercise 

commissioned law enforcement authority under this Agreement. 

C. Should any person be subsequently reinstated to the official duties in the 

jurisdiction from which the person was suspended, terminated, or had resigned, 

such person shall not be automatically reinstated as a commissioned law 

enforcement officer under this Agreement. Instead, such person must seek a new 

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commission under the procedures and standards set forth in Section IV of this 

Agreement. 

2. Conditions, Suspensions and Terminations 

A. All commissioning agencies have the authority with good cause to revoke, suspend 

or place conditions on any commission issued under this Agreement. Any 

commissioning agency may temporarily suspend or place conditions on the 

commission of any officer, provided, however, that 30 days prior to any final 

revocation of a commission, the commissioning agency shall provide written notice 

of the revocation, and the specific reasons therefor, to the commissioned law 

enforcement officer and to his or her applicant agency. The commissioned law 

enforcement officer and/or his or her applicant agency shall have a reasonable 

opportunity to respond to the notice of revocation or condition. However, the 

decision of the commissioning agency shall be final. A commissioned law 

enforcement officer whose commission is revoked or suspended.must immediately 

return his or her identification card to the commissioning agency. 

B. All commissioned law enforcement officers must fully comply with the 

enforcement policies and regulations of the commissioning agency when exercising 

authority under their commissions. Failure to comply with this requirement shall be 

grounds for suspension or revocation of the officer's commission. 

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C. All suspensions, terminations or special conditions placed on commissions shall be 

filed with the MBCC and the Tribes' Department of Law and Justice for record 

keeping purposes. 

VIII. Amendment 

This Agreement may not be altered, changed, or amended, except by written instrument 

executed by all parties and attached hereto. 

IX. Effective Date and Term 

A. This Agreement shall become effective upon execution by the parties, however, 

each officer must be commissioned by compliance with Article VI and issuance of 

the identification card or other insignia by the commissioning agency. Unless 

otherwise provided, the term of each commission shall continue from year to year. 

B. Unless terminated as provided herein·, this Agreement shall continue from year to 

year. Any party shall have the right, however, to terminate this Agreement and all 

commissions issued hereunder, with or without cause, upon writjen 30 days' notice .' 

to the other parties. 

C. Upon execution by all parties, the State shall file this Agreement with the 

appropriate officials in accordance with the Montana State/Tribal Cooperative 

Agreements Act. 

X. Liaisons 

All parties agree timely to notify the others of the successors to the individuals listed as 

liaisons herein, and to replace the following names in accordance with such notification: 

16 
.1. Notices sent to the State shall be sent to: 

Joseph P. Mazurek, 

Attorney General 

P.O. Box 201401 

Helena, MT 59620-1401 

CoI. Bert Obert, 

Chief, Montana Highway Patrol 

P.O Box 201419 

Helena, MT 59620-1419 

Jim Oberhofer, Post Council 

Crime Control Division, 

P.O. Box 201408 

Helena, MT 59620-1408 

2. Communications to the Tribes shall be sent to: 

Arlyn Headdress, Chairman 

Assiniboine and Sioux Tribes of the Fort Peck Reservation 

P.O. Box 1027 

Poplar, MT 59255 

3. Communications to Roosevelt County shall be sent to: 

John Grainger, Sheriff 

400 Second A venue South 

Wolf Point, MT 59201-1600 

4. Communications to the city ofPoplar shall be sent to: 

Dallas O'Connor, Mayor, City of Poplar 

208 Third A venue West 

Poplar, MT 59255 

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5. Communications to the city of Wolf Point shall be sent to: 

Matthew Golik, Mayor, City of Wolf Point 

201 Fourth Avenue South 

Wolf Point, MT 59201 

6. Communications to the BIA shall be sent to: 

Ed Naranjo 

District 5 BIA Law Enforcement Commander 

Federal Building 

316 North 26th Street 

Billings, Montana 5910 I 

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The parties evidence their agreement hereto by affixing their signatures below. 

ARLHEADDRESS, CHAIRMAN 

~.l C,, 2-v-u 

DATE 

ASSINIBOINE AND SIOUX TRIBES 

OF THE FORT PECK RESERVATION 

DEAN HARMON 

ROOSEVELT COUNTY COMMISSIONER 

FERRIS TOA VS DATE ' 

ROOSEVELT COUNTY COMMISSIONER 

~i~cy--0 

MAYOR, CITY OF POPLAR 

~-K~;;?::;:::______ ~km 

DATE7 

MAYOR, CITY OF WOLF POINT 

19 
J SEP P. MAZUREK 

TAT OF MONTANA 

ATTORNEY GENERAL 

FOR THE MONTANA HIGHWAY PATROL 

ED;ARA~ 

DISTRICT FIVE COMMANDER 

BIA DESIGNEE OF THE U.S. SECRETARY OF 

THE INTERIOR 

33335.J 20 

TRAINING APPENDICES 
Appendix A 

7-32-303. Peace officer employment, education, and certification standards -

suspension or revocation - penalty. (I) For purposes ofthis section, unless the context 

clearly indicates otherwise, "peace officer" means a deputy sheriff, undersheriff, police 

officer, highway patrol officer, fish and game warden, park ranger, campus security 

officer, or airport police officer. 

(2) No sheriff of a county, mayor of a city, board, commission, or other person 

authorized by law to appoint peace officers in this state shall appoint any person as a 

peace officer who does not meet the following qualifications plus any additional 

qualifying standards for employment promulgated by the board of crime control: 

(a) be a citizen ofthe United States; 

(b) be at least I 8 years of age; 

(c) be fingerprinted and a search made ofthe local, state, and national fingerprint 

files to disclose any criminal record; 

(d) not have been convicted of a crime for which the person could have been 

imprisoned in a federal or state penitentiary; 

(e) be of good moral character, as determined by a thorough background 

investigation; 

(f) be a high school graduate or have passed the general education development 

test and have been issued an equivalency certificate by the superintendent ofpublic 

instruction or by an appropriate issuing agency of another state or ofthe federal 

government; 

(g) be examined by a licensed physician, who is not the applicant's personal 

physician, appointed by the employing authority to determine ifthe applicant is free from 

any mental or physical condition that might adversely affect performance by.the applicant 

ofthe duties of a peace officer; 

(h) successfully complete an oral examination conducted by the appoi

•'

nting 

authority or its designated representative to demonstrate the possession of 

communication skills, temperament, motivation, and other characteristics necessary to the 

accomplishment ofthe duties and functions of a peace officer; and 

(i) possess or be eligible for a valid Montana driver's license. 

(3) At the time of appointment a peace officer shall take a formal oath ofoffice. 

(4) Within 10 days ofthe appointment, termination, resignation, or death of any 

• peace officer, written notice thereofmust be given to the board of crime control by the 

employing authority. 

(5) (a) Except as provided in subsections (5)(b) and (5)(c), it is the duty ofan 

appointing authority to cause each peace officer appointed under its authority to attend 

and successfully complete, within I year ofthe initial appointment, an appropriate peace 

officer basic course certified by the board of crime control. Any peace officer appointed 

after September 30, 1983, who fails to meet the minimum requirements as set forth in 
subsection (2) or who fails to complete the basic course as required by this subsection (a) 

forfeits the position, authority, and arrest powers accorded a peace officer in this state. 

(b) A peace officer who has been issued a basic certificate by the board of crime 

control and whose last date of employment as a peace officer was less than 36 months 

prior to the date ofthe person's present appointment as a peace officer is not required to 

fulfill the basic educational requirements of subsection (5)(a). Ifthe peace officer's last 

date of employment as a peace officer was 36 or more but Jess than 60 months prior to 

the date ofpresent employment as a peace officer, the peace officer may satisfy the basic 

educational requirements as set forth in subsection (5)(c). 

(c) A peace officer under the provisions ofsubsection ( 5)(b) or a peace officer 

who has completed a basic peace officer's course in another state and whose last date of 

employment as a peace officer was less than 60 months prior to the date of present 

appointment as a peace officer may, within I year ofthe peace officer's present 

employment or initial appointment as a peace officer within this state, satisfy the basic 

educational requirements by successfully passing a basic equivalency test administered 

by the Montana Jaw enforcement academy and successfully completing a legal training 

course conducted by the academy. Ifthe peace officer fails the basic equivalency test, the 

peace officer shall complete the basic course within 120 days ofthe date ofthe test. 

(6) The board of crime control may extend the I-year time requirements of 

subsections (5)(a) and (5)(c) upon the written application ofthe peace officer and the 

appointing authority ofthe officer. The application must explain the circumstances that 

make the extension necessary. Factors that the board may consicjer in granting or denying 

the extension include but are not limited to illness ofthe peace officer or a member ofthe 

peace officer's immediate family, absence ofreasonable access to the basic course or the 

legal training course, and an unreasonable shortage ofpersonnel within the department. 

The board may not grant an extension to exceed 180 days. 

(7) A peace officer who has successfully met the employment standards and 

qualifications and the educational requirements ofthis section and who has cmilpleted a 

I-year probationary term of employment must, upon application to the board of crime 

control, be issued a basic certificate by the board, certifying that the peace officer has met 

all the basic qualifying peace officer standards ofthis state. 

(8) It is unlawful for a person whose certification as a peace officer, detention 

officer, or detention center administrator has been revoked or suspended by the board of 

crime control to act as a peace officer, detention officer, or detention center 

administrator. A person convicted ofviolating this subsection is guilty of a misdemeanor, 

punishable by a term of imprisonment not to exceed 6 months in the county jail or by a 

fine not to exceed $500, or both. ·